Enterprise Wireless Insider, Volume 12, Issue 4

LMCC meets with Enforcement Bureau

A large contingent of representatives from the Land Mobile Communications Council (LMCC) met with the Chief of the Enforcement Bureau (EB) Rosemary Harold and her key staff this past week to discuss concerns associated with products being sold, largely over the Internet, for use on Part 90 spectrum by Business/Industrial and public safety entities that are not certified for Part 90 use, do not meet Part 90 technical requirements, permit operators to use channels for which they are not eligible, and allow for front panel programming of frequencies. The EB advised that they were keenly aware of the problems associated with these products, and agreed to continue to work with the LMCC towards appropriate solutions, including forthcoming advisories.  

Legislation Introduced to Repeal T-Band Reallocation

On February 27, two New York Representatives and members of the House Homeland Security Communications Subcommittee introduced H.R. 5085 (“Don’t Break Up the T-Band Act”). The legislation calls for the repeal of section 6103 of the Middle-Class Tax Relief and Job Creation Act of 2012 that requires the Federal Communications Commission (FCC) to reallocate and auction public safety T-Band spectrum. A repeal of this specific section would remove the mandate to auction the spectrum and relocate Public Safety (PS) incumbents. As EWA has continuously argued, it is clear that there is insufficient comparable replacement spectrum available for public safety let alone replacement spectrum for Business/Industrial Land Transportation (B/ILT) incumbents in the eleven T-Band markets.  Further, the Act neither mentions B/ILT incumbents nor makes any monetary provision for the relocation these incumbents. 

EWA members are encouraged to contact members of the Homeland Security Committee or the Communications Subcommittee to voice support for the legislation. If you would like assistance in drafting your message, please contact EWA Communications Director Andrea Cumpston by email at andrea.cumpston@enterprisewireless.org or by phone at 703-797-5111. (PS 13-42)

4.9 GHz – Time to Expand Eligibility?

Noting that less than 4% of the potential public safety industry is making use of this 50 MHz of spectrum, the FCC released a draft Sixth Further Notice of Proposed Rulemaking (FNPRM) in this proceeding, with a vote on the final document anticipated at its March 22 meeting. The FNPRM proposes to maintain primary PS use of the spectrum but requests comment on “alternatives to stimulate expanded use of and investment in the band.” It specifically asks about expanding eligibility to entities such as critical infrastructure industries (CII), leasing, spectrum sharing approaches, and alternative uses. It also requests comment on coordination procedures and qualified coordinators for this spectrum. EWA will participate in this proceeding. (WP 07-100) 

“Personal Use” Language to be Lifted from Signal Booster Proceeding

Also on the FCC’s plate during its March meeting is a Second R&O and Second FNPRM in the signal booster proceeding. The draft document states that the FCC intends to eliminate the confusing “personal use” restriction on Provider-Specific Consumer Signal Boosters and thereby “enable a small business to use [such a booster] to improve signal strength within its office.”  Hats off to EWA member the United Parcel Service (UPS) for advocating for that change. The FNPRM proposes to eliminate that same restriction on Wideband Consumer Signal Boosters and requests comments on whether these boosters should be permitted to operate in additional spectrum bands. It also proposes to remove barriers so that boosters can be embedded in cars, boats and RVs. (DA 17-220; WT 10-4)

FCC to Release Second Wireless Infrastructure R&O

At its March 22 meeting, the FCC intends to consider a plan to streamline the review process for wireless infrastructure. The Second Report and Order (R&) proposes to modify current rules to state that deployment of small wireless facilities by private parties are not federal undertakings that trigger National Historic Preservation Act (NHPA) or National Environmental Policy Act (NEPA) requirements, although they will remain subject to state and local governmental requirements. Further, the R&O proposes to improve the process for Tribal participation in Section 106 historic preservation reviews – a sore point for many wireless operators – and will reduce the environmental assessment requirement for facilities in floodplains under certain conditions. (17-79)